Research On The Amount Determination In The Network Crime

In recent years,the proliferation of network crime has brought serious social harm.Although many judicial interpretation documents on cybercrime have been issued in recent years,providing important guidance for the governance of cybercrime,there are still many problems.In practice,judicial organs are subject to the potential constraints of the traditional criminal proof standard and the traditional verification model of "the facts of the case are clear,and the evidence is credible and sufficient",and they pursue a case-handling model that combines confession to testimony,and testimony.However,the biggest difference between cyber crime and traditional crime is the quantification of the amount of the crime.If we continue to apply the traditional verification mode and the criminal legislation mode of "qualitative + quantitative" in China,it will not be conducive to the determination of the amount of cyber crime and affect the conviction of the perpetrator.In order to solve the problem of determining the amount of cyber crime under the mass quantification of cyber crime objects,the author believes that we should break the shackles of the traditional concept of proof and innovate the traditional way of determining the amount of crime so as to guarantee the cracking rate of cyber crime.In addition to the introduction and conclusion,this article is divided into four parts,the main contents are as follows:The first part is the Network crime amount to identify an overview of the problem.This part first defines the scope of the amount of network crime discussed in this paper,then introduces the characteristics of the amount of network crime,which is mainly reflected in the massive measurement object,the data is not true and the problem of repetition is difficult to solve,and finally summarizes three modes used in the amount of network crime in the current judicial practice,which are limited punishment mode and comprehensive identification mode and the mode of form identification.The second part is the Investigation and analysis of the experience of determining the amount of cyber crime outside the territory.In the criminal law of foreign countries,there is no amount requirement for the establishment of cyber crime.The amount only affects the sentencing,but does not affect the conviction.On this basis,some countries also strictly distinguish the stages of conviction and sentencing,and apply looser rules of proof in the sentencing stage than in the conviction stage,so as to weaken the relationship between the amount determination and conviction,and avoid falling into the mass measurement of cyber crime which leads to the dilemma of conviction..The third part is the realistic dilemma of the amount of cyber crime in China.The author mainly from the traditional theory of criminal action and the conflict between huge amounts of criminal object,limited after punishing the governance effect of lagging behind social needs,and comprehensive identifying and form model and accurate judicial philosophy three aspects discusses,only to break the shackles of traditional focus on "confirm" theory and network crime amount that problems can be resolved.The fourth part is the breakthrough of the dilemma of the amount of cyber crime in China.Based on the practical dilemma mentioned above,when determining the amount of cyber crime,we should change the proof concept of "confirmation" theory,comprehensively use a variety of amount identification modes,take the comprehensive identification and form identification mode as the main means,supplemented by the limited punishment mode.On this basis,the paper puts forward suggestions to improve the applicable rules of the comprehensive identification and formal identification mode,and improves the authenticity and representativeness of the electronic evidence under the comprehensive identification and formal identification mode by introducing the block chain evidence storage technology and improving the sampling rules of the criminal sampling evidence collection technology.Finally,it is suggested that the defense be given the right to testify to the contrary and the rule of lighter punishment in sentencing should be used as relief means to make up for the generalization of the determination of the amount of crime caused by the comprehensive and formal determination,while giving consideration to judicial justice and litigation effect.